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HomeMy WebLinkAboutZBA-03/29/1962 l �o��FFOC��oG S0UTH0LD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. M I N UT E S SOUTHOLD TOWN BOARD OF APPEALS March 29,, 1962 A regular meeting of the 'Southold Town Board .of 'Appeals :was held 7: 30 P.M. , Thursday, '.March ,.29c 1962' at the Town 'Clerk Office, Main Road, Southold, New York.. There were present: Messrs. Robert -.W. Gillispie, Jr.. , Chairman, Robert Bergen, and Charles Grigonis, Jr. ,absent: Messrs. Herbert Rosenberg and Serge Doyen, Jr. PUBLIC HEARING: AppeaL No. 435 - 7: 30 P.M. (E.S.T. , upon application of John Higgins, 3017 Hudson Boulevard, Jersey 'City, New Jersey for recognition of access in accordance with .State of New York Town Law, . Section 280A. Loca.tion, of property: southwest side 'Sage Boulevard, Greenport, New York, bounded north by Sage Boulevard, east by William Kilion, south by basin, and west by Charles 'Sage. No fee access. The Chairman opened the hearing by reading application for recognition of access, legal notice of hearing and affidavit attesting to its publication in the official newspaper. Southold Town Board of Appeals, -2- March .29, 1962 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response. ) THE 'CHAIRMAN: Is there anyone present who wishes to speak again t -this application? (There was no response. ) THE CHAIRMAN: We have investigated this property and found it to be of sufficient size and the access is well traveled and has been used for many many years.. The Board of Appeals finds that strict application of the Ordinance would produce practical difficulties' or unnecessary hardship because this right-of-way has been used for many years as access fora large summer colony at the end of the right-of- way which is 15 ft. wide and in good condition. Applicant cannot secure a building permit without this recognition of access. The hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in this use district because there. is only one other lot available on this side of the right-of-way and that would also be used for a residence. At -present applicant has a house trailer located on his lot which will be removed upon completion of his house. The variance does observe the spirit of the Ordinance and, would not change the character of the district because the use of the property will be residential in keeping with the area, there being other residences on this right-of-way and a summer colony:_,at 'the far end of it; therefore On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that John Higgins be granted recognition of access to his lot located on the southwest side of Sage Boulevard, Greenport, New York. Vote of the Board: Ayes: - Mr. Gillispies Mr. Bergen, and Mr. Grigonis. Southold Town Board of Appeals -3- March 29, 1962 On motion of Mr. Gillispie, seconded by Mr. Grigonis,, it'was RESOLVED that the minutes of the meeting of March 27, 1962 be approved as submitted. Vote of the Board: Ayes: - Mr. Gillispie, Mr.. Bergen, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 436 - 7:40 P.M. (E. S.T. ) , upon application of Joella and Barrie Vreeland, 6,3 .Haymaker Lane, Levittown, New York, for recognition of access in accordance with State of New York Town Law, Section 280A. Location of property: west end of Central .Drive, .Mattituck, New York, bounded north by Long Island Sound, east by Frank Wills, south by proposed right-of-way (Pike) , and west by Otis J. Pike. No fee - access. The *Chairman opened the hearing by' reading application for recognition of access, legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. BARRIE VREELAND, 63 Haymaker 'Lane, Letittovnr New York: I will answer .any questions the Board might have. THE CHAIRMAN: Has the right=of-way been cleared as yet? MR- VREELAND: No, it has not. 'We have- not- taken title and would not want to spend the money clearing the right-of-way until we do take title . After we take title we will have a bulldozer clear the right-of-way and there will be a cleared 15 ft. surface for emergency and all other vehicles. THE 'CHAIRMAN: Is there anyone present who wishes to speak in opposition to this application? (There was no response. ) The Board of Appeals finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship because applicants lot is located on an "unimproved right-of-way and building permit cannot be secured without Southold Town Board of :Appeals -4- March 29, 1962 recognition of access. The hardship created is unique and would not -be shared by all properties alike in the immediate vicinity -of -this property and in this same use district because= this property is rolling and irregulat :and is just outside of a subdivision. The variance would observe the -spirit -of the 'Ordinance .and would not change the character of the district 'because this will be a right-of-way into an area which will be strictly residential in keeping with the area, therefore . On motion of :Mr. Gillispie, seconded by Mr. Grigonis, it -was RESOLVED -that .Joella . and Barrie Vreeland be granted temporary access to their property located at the west end _of :Central Drive,, Mattituck, New York. . A certificate of occupancy shall not be, issued until the Building Inspector has given final approval of access over this right-of-way. The right-of-way is described as follows: Running westerly from the existing dead-end of :Central Drive (a Town highway in the Captain Kidd Estates 'Subdivision) , continuing southwesterly along the southerly line of :property of Barrie & Joella Vreeland and Frank -.Wills to the 'property,-of Otis -J. .. Pike and others. Vote of the Board: Ayes:- Mr. Gillispie, .Mr. Bergen, . and Mr. Grigonis. PUBLIC DARING: Appeal No. . 437 - 7:50 P.M. (E. S.T. ) ,, upon application of Frank Wills, 609 West 114 Streit, New York 25, New York, for recognition of :access in accordance with State of New York Town Law Section 280A0, ' Location of :property: west end of -Central Driveg -Mattituckt . New York, bounded northly Long Island Sound, east by Captain Kidd Estates Subdivision, south by proposed right-of-way (Pike)D. and west by J. & B. Vreeland. 14o fee .- access. The Chairman opened the hearing ,by, reading application for recognition of access, legal notice of hearing and affidavit attesting to its publication in the official-.-newspaper... THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -5- March 29, 1962 MR. FRANK WILLS, 609 West 114 Street, New York 25, New York: I would like to have the remarks Mr. Vreeland made apply to my case. We will be adjoining owners. (See page 3) THE 'CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.. ) The Board of Appeals finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship because applicant's lot is located on an unimproved right-of-way and building permit cannot be secured without recognition of access. The hardship created is unique and would not be shared by all properties alike in the immediate vicinity of .this property and in the same use district because this property is rolling and irregular and is just outside of a subdivision. The variance would observe the spirit of the Ordinance and would not change the character of the district because this will be a right-of-way into an area which will be strictly residential inkeeping with the areal therefore On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was., RESOLVED that Frank Wills be granted temporary access to his property located at the west end of Central Drive, Mattituck, New York. A certificate of occupancy shall not be issued until the Building Inspector has given final approval of the access over this right-of-way. The right-of-way is described as follows: Running westerly from the existing dead-end of Central Drive (a Town highway in the Captain Kidd Estates Subdivision) , continuing southwesterly along the southerly line of property of Barrie & Joella Vreeland and Frank Wills to the property of Otis J.. Pike and others. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. Southold Town Board of Appeals •-6- March 291, 1962 PUBLIC HEARING: Appeal No. 438 - 8: 00 P.M. (E.S. T. ) , upon application .of .Harold Wilsberg, Ole Jule Lane and Krause Road, Mattituck, .New York, fora variance in accordance with the ,Zoning -Ordinance, Article III, . Section 306, for permission to reduce front yard .setback on a corner lot. _ Location of :property: Krause Road and .Ole Jule Lane, .Mattituck, New York, bounded north by Krause Road, . east by Ole Jule Lane, south by Ole Jule Lane, , and west by E. & O. . Wilsberg. Fee ,paid $15. 00. The 'Chairman opened the hearing by reading application .for 'a' variance, • legal notice of hearing and affidavit attesting 'to its publication .in the official newspaper. THE CHAIRMAN: The Board has been down to this property and inspected it-and found it to be a unique piece of property as it is bordered on three sides by-public roads. Is there anyone present who wishes to speak for this -appli- cation? MR. HAROLD WILSBERG,, _Ole Jule-Lane -and Krause Road, Mattituck, New York: I have hothing _'to add to the application. I would be glad to answer 'any questions the Board might have. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) The Board of -Appeals finds that strict application of the - Ordinance would produce practical difficulties or unnecessary hardship because the layout of the existing house requires that the addit'ion 'be erected at a point where the setback reduction is requested. The hardship created is unique and is not shared byall properties alike in the immediate vininity of this property -and in this use district because this property is bordered on three sides 1py public roads. The variance would observe the spirit of the Ordinance and would not change the character 'of the district because the setback of the existing house is over the minimum requirement and would in no way harm the neighborhodd if this reduction in setback is granteds . therefore On motion of Mr. .,.Gillispie, . seconded by Mr. Bergen, it was Southold Town Board of Appeals -7- March 29,,, 1962 RESOLVED that Harold Wilsberg be granted permission to reduce front yard setback on his corner lot located at Krause Road and Ole Jule Lane, Mattituck, New York. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. Mr. Harry Pumillo, Jr. , Cutchogue, New York, appeared before the Board of Appeals to present an application for a special exception for the erection of a miniature golf course in the rear of thepremises known as the "Fisherman's Rest,, Main Road, Cutchogue. This property is presently "B" Business. On motion of Mr. Bergen,,, seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals set 7: 3 0 P.M. (E. S®.T. ) ,, Thursday, _ April 12, 1962, Town Clerk Office, Main Road, Southold, New York as time and place for hearing upon application of Harry Pumillo, Main Road, Cutchogue, Ndw York, fcr a special exception in accordance with the Zoning Ordinance, Article IV, Section 400, Subsection 7, for permission to construct a place of amusement. Location of property: Main Road, Cutchogue,, -New York, bounded north by Main Road, east by J. .Wickham Estate, .south by Fire District property, and west by H. - Pumillo and Levin & others. ' Vote of:the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. It was FURTHER RESOLVED that legal notice of the hearing be published in the official newspaper on April 5, 1962. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. Messrs. Charles Dougherty, Walter Luce, Ernest Radford and Arnold Larsen appeared before the Board to informally discuss signs and in particular what the outcome will be relative to the expiration date for all signs which do not conform to the Zoning Ordinance. The Chairman advised that there has been no definite decision made, but the expiration date is April 23rd. Further discussion was held on this subject-:. Southold Town Board of Appeals -8- March 29, 1962 Mr. Elmer Ott of .Orient appeared before the Board to discuss the operation of a small mail order business from his home. There would be no signs advertising this home- business, no advertising in the local newspapers and no employees. He would only be using the locals mails to receive correspondence from his clients, but would not mail books or periodicals directly from his home, they would be mailed from the firms themselves. After considerable discussion the Board stated that they would have no objection to this proposal` but the Chairman would speak to the Town Attorney relative to the legality of the proposal and forward a letter to Mr. Ott. Mr. Edwin King appeared before the Board and stated that he is starting a marina on the east side of Narrow River Road,, Orient* In- the beginning he built this marina for his own personal use, but others have asked to rent space. Me also would like to. install gas tanks. The Board advised Mr. King that he would have to apply for a special exception to have a marina in the residential-agricultural district -and to file for same as soon as he has made his final plans. On motion of Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the- minutes of the meeting of March 15, 1962 be approved as submitted. Vote of the Board: Ayes: - Mr. Gillispier Mr. Bergen, and Mr. Grigonis. The next meeting of the Southold Town Board of Appeals will be held 7: 30 P.M. , Thursday, April 5r 1962 at the Town Clerk Officer Main Road, Southold, New York. Meeting adjourned at 10:45 P.M. Respectfully submitted, APPROVE® Judith T. Boken, Secretary 1� liairnlan Board of npReais